Kerr v. Transit Windsor, 2011 HRTO 1267

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Sheena Kerr by her litigation guardian Donna Kerr Applicant

-and-

Transit Windsor Respondent

DECISION

Adjudicator: David A. Wright Date: June 30, 2011 Citation: 2011 HRTO 1267 Indexed as: Kerr v. Transit Windsor

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"), on March 10, 2011, and the respondent filed a Response to the Application on May 9, 2011.

2In its Response, the respondent made a Request for Early Dismissal of the Application on the basis that the issues in dispute in the Application are within exclusive federal jurisdiction.

3By correspondence dated May 10, 2011, the applicant was provided with a copy of the Response and Notice of Respondent's Request to Dismiss. The Tribunal directed the applicant to file a Response to the Request to Dismiss by May 24, 2011, and indicated that if the applicant did not file response by that date, the Tribunal may decide that the Application was abandoned and dismiss it on that basis, or may decide the Request to Dismiss based on the material before the Tribunal.

4As of the date of this Decision, the Tribunal has not received a response to the respondent's Request to Dismiss from the applicant. In the circumstances, the applicant is deemed to have abandoned her Application and the Tribunal's file will be closed.

5The Application is dismissed.